1. Home
  2. Browse Decisions
  3. F.2d
  4. 97 F.2d
  5. 97 F.2d 251 (1938)
 

BRABHAM v. STATE OF MISSISSIPPI

No. 8671.

97 F.2d 251 (1938)

BRABHAM v. STATE OF MISSISSIPPI, for Use of SMITH.

Circuit Court of Appeals, Fifth Circuit.

June 15, 1938.

Attorney(s) appearing for the Case

Earl Brewer, of Jackson, Miss., and O. W. Phillips, of Magnolia, Miss., for appellant.

John N. Ogden, of Magnolia, Miss., and Myron S. McNeil, of Hazlehurst, Miss., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

PER CURIAM.

The petition for rehearing urges upon us that the overruling in Erie Railroad Co. v. Tompkins, 58 S.Ct. 817, 82 L.Ed. ___, of the doctrine of Swift v. Tyson, 16 Pet. 1, 10 L.Ed. 865, under which this case was tried below, and heard here, requires the withdrawal of our opinion, and the granting of a rehearing.

We agree that the case was wrongly tried below and determined here as a matter of general law, and not one to be controlled by the applicable...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases